STATEN ISLAND, N.Y. -- Six years ago, after a jury sentenced him to death, Ronell Wilson, in an apparent act of defiance, stuck his tongue out at the families of the two detectives he was convicted of murdering.

That gesture may come back to haunt the former Stapleton gang member.

District Judge Nicholas G. Garaufis has ruled the wives of slain detectives Rodney J. Andrews and James V. Nemorin can testify about Wilson's actions that day at his penalty-phase retrial now underway in Brooklyn federal court.

"Ultimately, the court believes that the probative nature of Wilson's act, as depicted by the victims' families, is highly probative of his lack of remorse, his disregard of consequences, and, in turn, his future dangerousness," the judge wrote. "Because only those who believe they were the recipients of the act will testify, this probative value outweighs any potential for unfair prejudice, confusion of the issues, or misleading the jury."

Wilson objected to such testimony, arguing the gesture was ambiguous and its introduction could bias jurors.

In January 2007, a federal court jury sentenced Wilson to death for killing Andrews, 34, and Nemorin, 36, on March 10, 2003, in Tompkinsville during an undercover gun buy-and-bust operation.

Wilson's life was spared three years ago by a federal appeals court which overturned his death sentence, citing prosecutorial errors in the closing argument. The murder conviction stood; however, a penalty-phase retrial was ordered.

The new panel, which began hearing the case on Monday, could vote for death, as did the original jury, or sentence Wilson to life in prison without the possibility of release. A unanimous vote is required to impose a death sentence.

Wilson, 31, faces five death-penalty-eligible counts. The trial is expected to conclude by the end of July.

The victims' families are expected to take the stand during the retrial.

According to Garaufis' ruling, the widows will testify that Wilson looked toward them and stuck out his tongue after the verdict was read, understanding the act to be "intentional and patently offense."

Prosecutors sought to have two other witnesses testify on the issue -- a retired detective and sketch artist in the gallery. Garaufis declined, saying those two witnesses weren't Wilson's targets and "far less likely to have meaningful insight into his intent."

He said Wilson's lawyers can cross-examine the widows on their exact observations and their possible bias in interpreting the gesture. The defense can also produce witnesses who might testify that Wilson was acting like a juvenile without malicious intent, he said.